Johnson v. Eastern Oregon Correctional Institution

Petitioner seeks review of an order of the superintendent of Eastern Oregon Correctional Institution finding that he had assaulted another inmate. OAR 291-105-015(4), Rule 4. We reverse and remand.

The hearings officer found:

“1. At approximatly 7:15 AM, 2-19-87, in the EOCI kitchen, Inmates Langley #670 and [petitioner] had an argument about a food tray.

“2. At approximately 7:25 AM, 2-19-87, in the EOCI kitchen, [petitioner] struck Inmate Langley in the face with a closed fist. [Petitioner’s] actions were not absolutely necessary for his self-defense and were meant to intentionally inflict…